The Republican journal. [volume] (Belfast, Me.) 1829-current, 1887-01-20
Supreme judicial Court.
JUDGE VIRGIN PRESIDING.

toll &c action was to recover the insurance on a.
dwelling house that burned in Searsmont, Dec. ),
1885. Rufus l.. Nickerson had taken his parents to
maintain for the farm, his mother taking back a
mortgage of the place. Nickerson insured the place
through the agency of Heating & Field Belfast,
telling them that there mortgage on the
place. There was trouble between the parents and
son, and at the time of the fire and afterwards the
old gentleman Nickerson accused his son of firing
! the building. Rufus l.. never claimed the insur-
ance but surrendered the policy to the company
and gave writing that he would claim nothing if
the company agreed not to commence criminal pro
ceedings against him. He is absent. Mary
l.. the plf. and mother, who held the mortgage,
claims the insurance. The company say they are
not liable for the loss; that the mortgage increased
the risk, and that the buildings were burned by
| Rufus l.. Nickerson. The Judge submitted the two
| following questions to the jury: Did the incrm
brance upon the property materially increase the
| risk: Was the property burned by the wilfu act,
or gross and wilful negligence Of Rufus l.. Nicker
| son. the principal defendant owner of the proper
| ty and holder of the property? The jury answered
| both questions in the negative which was against
the company. The judge then submitted the fol
lowing question which he told the jury to answer
"No." "Was sufficient proof of loss, particular
account thereof the nature of the will admit
of, made to the company waived by it under the
| rules which have given you?" The last was in
favor of the company Thompson 4 Dunton for
plif. Robinson Hartman for dcft.
A. Ii. Clark, Unity, VS.. j. W. Sylvester of Ben
ton. An action to recover slG3.6s money had and
received. In 1884 Francis Low occupied a farm in
Benton which he bought from the deft in this act
ion, the latter having a claim upon it. Clark the
pill bought the hay : 1875 tons at $l4 per ton to be
delivered at the station at Benton. Aftera portion
had been delivered the def. came upon the scene
and as the pln. alleges claimed that he had lien
| upon the hay. He said if Clark would pay him
$500 and take care of certain note in the bank
| shipment might proceed When - tons had been
delivered the barn with the remainder was destroy
ed. Clark had paid Low and the tleft. Sl227..5 or
s'S5.6S too much. PHI says that deft agreed to
pay him back when the insurance received,
but failed to do so. Deft. denied having made such
a bargain and said the matter was Lows not his.
Verdict for pin. for SOLD. Fogler and Libby for
| ph Thompson & Dunton FOR deft. Motion for a
new trial.
Henry O. Dodge, Belfast, Davis, Hopkins 4
! Bates, Boston. Pin. is manufacturer of clothing,
the defts. clothing dealers. The action was brought
to recover SOP 10 balance on account. PHI. to
make vests for dcfts. but the latter refused to
settle, claiming that certain vests Of one lot
| damaged and poorly made. The defts. de
faulted and continued for judgment 10 await cross
action. Ii no action is brought in by April
then Judgment as at April term. Williamson for
| pin. Fogcr for def.
| Andrew J. stevens, in equity, George Holt
Parties live in Belfast PHI. brings bill in equity
to redeem mortgage upon his place. Aug. 3, lSS3
the deft. loaned 800 to PIN. i'll two notes of $3.50
at 10 per cent. one payable in two years and the
other in three years from date Dcft. took Il
mortgage. Dec. 1854 the defts house was entered
and tn notes of pin. with others were stolen, and
| have never been recovered. Dcf claims that he
has never been paid and began action foreclose.
| The PHI. claims that Aug. IL, lSSp at his house
and IN presence Of his wife and a man named
| Eslie Bowen he paid Holt S215, the first note and
interest and 81 to put of payment for one month
| the interest on the second note. lie called for his
note, when ,lcft told him it was lost but he would
| endorse payment upon the mortgage. Aug. u.
lSS6 PIN says he made tender of S3lj the balance
| due at the house of the def. amt in the presence
OF a witness. He also gave him written notice
of his action in this suit The dcft denies and says
that pin. did not pay the first note as alleged; that
| he never made the tender as claimed and that ne
received no notice. He notified PHI. in writing
that the notes We're lost and demanded payment ON
the first one. The Judge in summing III said some
one had committed perjury. He submitted this
question to the Jury Did PIN pay the $40 as
claimed; did lie make the tender Of @3l5, an, lid
he serve the notice. The jury answered all three
in the Affirmative. Thompson 4 Dunton for PIN.
Fugler for def.
| Warren Frost Belfast, vs.. Benson Il. Weed,
| Unity. Action of assumrsit to collect ) "a. on
account PIN alleges that he sold to deft. siNty-sX
hides amounting to S323i7. That he has received
| 800, and this action is to collect the balance.
| Deft says he bought the hides at Il lump sum Of
| $50 for which he gave his note: that if the hides
We're not all right PIN. would make them The
| hides We're damaged. Deit. has paid 500 on the
note. Verdict for delft. Brown for PIN. Thomip-
son & Dunton for left.
| s. W. Mathews, assignee, vs. Asa f. Riggs, Bel
| fast parties Action for trover. Mathews is as
signee of the insolvent estate Of Mrs. Christina +.
Morrison and seeks TO recover eighty shares Of
Coliseum stock at par value of $4,000. The PHI.
and Mrs. Morrison were suretics on notes to large
amount, for Mr.. +. j. Morrison, who was unable
to pay and the surcties had to take up the notes.
| Mrs. NJ. claimed that She was unable to meet her
share and plh. paid the whole PHI. claims that
| Mrs. Nj. put her property out of her hands con
trary to the rules of the insolvency court May s.,
| 1885, the def. in this suit loaned +. j. Morrison
| $l,!es i'll two notes, one payable in two years and
one in two and half years. Mrs. Morrison was
| surety. March g. 1856, before the notes were due
Mrs. NJ transferred to def. eighty shares of Coli
| scum stock at par value of -, 900 and took the
| notes of her son. Plfl. as assignee demanded of
| deft. the stock but was refused. Pf. put in
! testimony to show that the stock was worth
| much less than par value and claimed that the
transaction was not right. Dcft. claimed that the
| taking up of the note was in good faith, he knew
| nothing of the financial condition of Mrs. NJ and
so far as he was concerned il was an honest bust
| ness transaction. The case goes 10 the law court
| on report. Thompson punton for PIN. Foglcr
| for ,left
Monday afternoon the criminal docket was be
| gun.
| State VS.. Henry Wyman Belfast. An appeal
| case from Police Court for search and seizure.
| The warrant from the Police Judge was defective
| and was quashed.
State VS.. William G. Noso, Of Belfast Indicted
at former term of court. Ordered to pay a fine of
$50 and costs single sale. Other indictments mol
pressed, the def. having gone out of the business.
| State VS.. Charles O'Connell, of Belfast. lndict-
ment for single sale, it being the second offence. 1t
was in proof that Oct. il ef sold glass OF in
toNicating liquor to one Charles A. NIckennev and
Arthur Harding. The witnesses swore positively.
The docket for Jan. lSsi, where ef pleaded guilty
to single sale and paid his fine was put in. The
deft made no defence. The counsel for tlaft
| argued that the docket not evidence that the
Charles OConncll convicted in Jan. 1856, was the
identical Charles O'Conne the prisoner at the
bar The jury returned verdict of guilty of sin
gle sale but disagreed upon the question of Il for
mer conviction. County Attorney Dunton for state
Fogler for deft.
State VS.. Charles OConnell, Belfast. Indictment
for a common seller, it being the second on;.nse
The indictment was guashcd for irregularities the
place where the alleged sale occurred was Waldo
In the Indictment instead OF Belfast
State vs.. Henry A. Wyman, of Belfast In,iict-
ment for single SALE it being the second oncnse 1t
was in evidence that on the 9Th of October last he
sold pint of rum to Wildes S. Grant The docket
showing former indictment and conviction for
the same otfense put in and the individual
identified by the former county attorney The
deft. put in no defence. Verdict guilty. Goes to
Law Court. County Attorney Dunton for State
Foger for deft.
State VS.. Nathaniel W. Holiness Belfast Indict
ment for being common seller Of intoxicating
liquors. The Court ruled that the former conyc